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KOLCHINS v. EVOLUTION MKTS. INC.

No. 31.

31 N.Y.3d 100 (2018)

96 N.E.3d 784

73 N.Y.S.3d 519

2018 NY Slip Op 02209

ANDREW KOLCHINS, Respondent, v. EVOLUTION MARKETS, INC., Appellant.

Court of Appeals of New York.

Decided March 29, 2018.

Attorney(s) appearing for the Case

Wechsler & Cohen, LLP, New York City (David B. Wechsler, Todd Gutfleisch and Kim Michael of counsel), for appellant.

Debevoise & Plimpton LLP, New York City (Jyotin Hamid of counsel), for respondent.

Chief Judge DIFIORE and Judges RIVERA, FAHEY, GARCIA and WILSON concur; Judge FEINMAN taking no part.

OPINION OF THE COURT

The issue on this appeal is whether the documentary evidence proffered by defendant Evolution Markets, Inc. on its motion to dismiss pursuant to CPLR 3211 (a) (1) conclusively refuted plaintiff Andrew Kolchins's breach of contract claims. We hold that defendant...

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